Roger Richman - Intergovernmental Mediation: Negotiations in Local Government Disputes

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Intergovernmental Mediation

About the Book and Authors

Disputes between government bodies are usually settled through either political bargaining or litigation, but a third method has been successfully utilized in Virginia. Since 1980, a number of municipal annexation disputes have been settled using formal mediation as a tool. The authors draw on their experiences in mediation and local government to explore the formal interactions of adversaries and to analyze the patterns of interpersonal exchangethe vital subjective dynamics that determine the outcome of negotiations. They discuss the important roles a third party plays by conveying and legitimating information and by supporting norms of good faith bargaining in hostile confrontations. The book clearly demonstrates the effectiveness of intergovernmental mediation as a means of resolving complex public policy issues between competing groups of government officials.

Roger Richman is professor of public administration at Old Dominion University. Orion F. White, Jr., is a professor at the Center for Public Administration and Policy, Virginia Polytechnic Institute and State University. Michaux H. Wilkinson is executive director of the Virginia Commission on Local Government.

Published in cooperation with the National Institute for Dispute Resolution

Intergovernmental Mediation

Negotiations in Local Government Disputes

Roger Richman ,
Orion F. White , Jr. ,
and Michaux H. Wilkinson

First published 1986 by Westview Press, Inc.

Published 2018 by Routledge
52 Vanderbilt Avenue, New York, NY 10017
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 1986 Taylor & Francis

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Library of Congress Cataloging-in-Publication Data
Richman, Roger.
Intergovernmental mediation.
(Westview special studies in peace, conflict, and
conflict resolution)
Includes bibliographies.
1. Annexation (County government)Virginia.
2. Annexation (Municipal government)Virginia.
3. MediationVirginia. I. White, Orion F., Jr.
II. Wilkinson, Michaux H. III. Title. IV. Series.
JS451.V65R53 1985 352.00609755 85-17943

ISBN 13: 978-0-367-00838-3 (hbk)

Contents

, Madeline Crohn

1. iv

Guide

1. Tables
2. Figures

The goal of the National Institute for Dispute Resolution is to enhance the fairness, effectiveness, and efficiency of the processes through which Americans resolve disputes. One way to achieve that goal is to document innovative dispute resolution processes where they are being successfully employed. From this approach come lessons that can be assimilated and applied in other locations and under different circumstances.

The experience using mediation to resolve local government boundary disputes in Virginia is a case in point. For that reason, the institute was pleased to support the research that led to this book. In it the authors not only document how mediation was used to negotiate settlements of boundary disputes affecting several jurisdictions, they also present valuable information about the use of mediation that can be very helpful in resolving other intergovernmental disputes. In short, they depict not only particulars concerning Virginia but patterns applicable elsewhere.

For this contribution to our knowledge of the use of mediation, particularly in settling intergovernmental disputes, all those interested in advancing dispute resolution must be grateful to the authors. They have added a valuable volume to the rapidly growing dispute resolution bookshelf.

Madeline Crohn, President
National Institute for Dispute Resolution

This book could not have been written had not local government officials in Virginia accepted mediators in their disputes. To these city, town, and county officials in a dozen disputes and to the past and present members of the Virginia Commission on Local Government, we owe a primary debt of gratitude for their support for this innovation in public policy negotiation.

We thank William Drake of the National Institute for Dispute Resolution for his advice in organizing the manuscript, and we thank the institute and particularly its president, Madeline Crohn, for supporting this writing project.

We owe a debt of gratitude to Sandra Wiley, who initially edited the manuscript and brought cohesion to the writing styles of three authors; to Barbara Bingham, who typed long hours to bring forth a clean manuscript from often hardly legible drafts; to Jane Hendricks for her fine artwork; and to Susan McEachern, Kathy Streckfus, and Vicki Gundrum at Westview Press for their advice and guidance and copyediting of the final manuscript.

Roger Richman
Orion F. White, Jr.
Michaux H. Wilkinson

In Virginia, municipal annexation of county land creates major intergovernmental conflicts. Sometimes labeled Virginia's intergovernmental wars, annexation disputes have, since 1902, been committed to specially appointed courts for trial and binding decisions.

The process of mediating public policy disputes has developed around the country in unique cases; consequently there has been little continuity in mediation opportunities. Most of the major cases reported have involved special circumstances that facilitated mediator entry to the particular dispute. Mediation in most public policy disputes have been individual one-off demonstrations rather than a developed practice in a particular dispute arena within a structured context of formal public procedures for judicial and public review of negotiated settlements.

This study describes a different situation; it reviews the experience gained in a five-year-old practice of formal mediation in major inter-jurisdictional disputes in which basic conditions of mediator entry are established by a state statute administered by a state agency. At disputing parties' request under statutory provisions, independent mediators have been appointed by the agency, the Virginia Commission on Local Government, in fourteen intergovernmental boundary dispute cases between 1980 and 1985. Settlements have been negotiated in seven of these cases to date; three cases are currently being negotiated. The mediators in these cases, exposed to a comparable set of basic issues, have been able to experiment, to learn, and to generalize findings about the mediation process in intergovernmental settings.

This study has two main goals: (1) to offer description and analysis for theory building in the dynamics of intergovernmental negotiation and in the role of the mediator in intergovernmental disputes and (2) to document the statutory and administrative context and the experience of formal intergovernmental mediation in Virginia in municipal boundary disputes. Two of the authors are mediators who have developed this technique, and one is the director of the state agency that oversees the process of changing local government boundaries.

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